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People v. Hill

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1994
209 A.D.2d 433 (N.Y. App. Div. 1994)

Opinion

November 7, 1994

Appeal from the Supreme Court, Kings County (Curci, J.).


Ordered that the judgment is affirmed.

The court did not deprive the defendant of his right to a public trial when it closed the courtroom during the undercover police officers' testimony. At the Hinton hearings (see, People v. Hinton, 31 N.Y.2d 71, cert denied 410 U.S. 911), the undercover officers' testimony contained particularized references to the work the officers had been doing and would continue to do, including references to the existence of open cases, to numerous threats against their safety that they had received while doing undercover work, and to the very real danger that those threats might be realized if their identities were to become public (see, People v. Martinez, 82 N.Y.2d 436, 443; People v. Reece, 204 A.D.2d 495). A further link had been made between each officer's fear for his safety and his opencourt testimony by virtue of the site of the defendant's trial, in which approximately 100 other drug cases were then pending. Based on these factors, the trial court did not improvidently exercise its discretion in closing the courtroom during the undercover officers' testimony (see, People v. Reece, supra; cf., People v. Martinez, 82 N.Y.2d 436, 443, supra). Sullivan, J.P., Ritter, Pizzuto and Hart, JJ., concur.


Summaries of

People v. Hill

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1994
209 A.D.2d 433 (N.Y. App. Div. 1994)
Case details for

People v. Hill

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK HILL, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 7, 1994

Citations

209 A.D.2d 433 (N.Y. App. Div. 1994)
618 N.Y.S.2d 464

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